Payback: Thousands of Scots shift workers in line for millions from backdated holiday wages & overtime

A NEW European ruling means employees who get extra cash in their pay packet for overtime, shifts and commission - but not when they are on holiday - will be able to claim back substantial amounts from their bosses.

THOUSANDS of Scots shift workers could be entitled to millions of pounds of holiday pay for overtime and nightshift hours they have put in over the years.

A new European ruling means employees across the country will be able to claim back substantial amounts of money from their bosses.

The new law will benefit anyone who gets extra cash in their normal pay packet for overtime and shift payments, including nightshift and commission – but doesn’t get that cash when they take holidays.

Law firm Thompsons say the judgment is the biggest development in employment law since thousands of low-paid women won millions in damages for equal pay.

Thompsons’ solicitor David Martyn said: “When news of the ruling first emerged, it was thought it would only apply to people in sales jobs who made extra cash from commission.

“But it also applies to the tens of thousands of Scots who rely on extra payments from overtime and nightshift work to make ends meet.”

The legislation says that overtime and extra shift payment money is also due to workers while they are on holiday and must be backdated by several years.

Backdating may go as far back as 1998, meaning that tens of thousands of people across Scotland could be in line for huge amounts of backdated holiday pay.

Martyn added: “We believe that workers across all sectors will qualify for backdated holiday pay.

“You might be a car salesman who relies on commission as a key part of your salary or work unsociable shifts in the public sector and receive extra payments for that. We also believe that call centre workers who receive regular bonus money will qualify.”

For thousands of workers, these so-called “extra” payments are a normal part of their pay packet but when they are on holiday, they receive only their basic pay packet.

Martyn said: “That’s completely unfair and the law says that now. This change in the law will mean workers can now afford to take their leave.”

The new European ruling on holiday pay is backed by the STUC and leading trade unions. All union members should get in touch with their union officials if they want to raise a claim.

Martyn warned people to act quickly to stop employers trying to block claims. He added: “You don’t need to be in a union to make a claim but I would encourage union members to speak to their rep about this.

“If you’re not in a union, you can still make a claim by contacting specialist employment lawyers.”